Law Times

PAGE 4 NEWS September 29, 2008 • Law timeS Blakes gets top pro bono law firm award BY JEFFREY H. WAUGH Law Times of Canada's leading business law firms from working — for free. In fact, with more than 100 of their lawyers assisting on pro bono matters, it was with "great pride" that Blake, Cas- sels & Graydon LLP accepted the law firm pro bono award at last month's National Pro Bono Conference, said firm chair- man Jim Christie. "The firm was among the first national law firms in Canada to adopt a formal policy that treats time spent on pro bono legal services as equivalent to billable hours." So it isn't unusual to find a T hese may be troubled economic times, but that hasn't stopped one Blakes lawyer in Africa taking statements from rape and torture victims as part of a campaign to stop the violent spread of AIDS. Or, to come across another giving a helping hand to unrepresented litigants at Small Claims Court. And then there's the bunch who've taken a swing at Habitat for Humanity projects. Blakes won the award for ongoing involvement in several projects across Canada, as well as some at an international level. Associates say the pro bono model used by the firm makes it easy for them to do their part in contributing. Shashu Clacken, returned two weeks ago from Africa as part of a 10-day pro bono ex- cursion working with Stephen Lewis' AIDS-Free World or- ganization and the Girl Child Network. Along with AFW lawyers, they took statements from women who fell victim to sexual violence during the Zimbabwe election campaign. Clacken tells Law Times that having a formal policy in place promotes involvement in several ways. Chiefly, she says, the mod- el addresses fears over giving up billable hours in order to make way for pro bono work. "As associates, our time is treated as billable time so we get equal credit and recognition for the pro bono work that we do, which in the mind of law- yers, is always a big consider- ation," says Clacken. Associate Anne Glover co- ordinates Blakes' involvement with assisting on Small Claims Court matters in Toronto; the program is operated by Pro Bono Law Ontario. It arranges for two lawyers from four major Federal Pension Legislation Consulting Editor: Susan Seller 2008–2009 It's a lawyers duty to give back, says Blakes associate Shashu Clacken. firms to provide duty counsel services to small claims court litigants twice a week. Glover says her firm's policy makes it easy to find volunteers. "Out of the four years that we've done it, I think only once I couldn't find somebody," says Glover. "So we've been really good that way. Everybody takes it very seriously, and everyone who's involved loves it and really enjoys going." provision what you need There's a lot going on regarding pension legislation and to stay informed is essential. Federal Pension Legislation makes keeping on top of current pension legislation easy by ensuring you have all the information you need in hand. Pension Benefits Standards Act, 1985 Pension Benefits Division Act Pension Fund Societies Act Canada Pension Plan Investment Board Act Garnishment, Attachment and Pension Diversion Act selected regulations Order your copy today! www.canadalawbook.ca Federal Pension Legislation LT 1-4x3.indd 1 LT0929 volving law enforcement use of sniffer dogs in schools and issues of unreasonable search. On the second occasion, Blakes represented the Canadian Civil Liberties Association on a pro bono basis in Hill v. Hamil- ton-Wentworth Regional Police Services Board, which recog- nized the tort of negligent investigation in Canada. Offering access to these pro program provides a chance for young litigators to sharpen their skills, she notes. "As a lawyer, it's a great experience because there's a problem of getting experience on your feet, especially these days for young lawyers," says Glover. She provides several ex- amples that aid in developing practical skills, including go- ing to trial after having only 30 minutes to prepare, filing motions, and negotiating set- tlement conferences. Clacken says her involve- ment with pro bono through Blakes has even given her the opportunity to assist counsel arguing before the Supreme Court of Canada — twice. She first assisted Justice for Children and Youth in- tervene in R. v. A.M., in- bono services can help attract lawyers to the firm, she says. Clacken says contributing to meaningful social causes was an attribute she looked for when seeking out a firm to work for. "One of the reasons I joined The Small Claims Court have been more and more initia- tives, and more and more things for people to get involved in." Clacken agrees there's certain- ly been no decline in the level of pro bono involvement within the firm. "It's certainly vibrant and I would think growing," she says, "and I think the firm continues to take on cases that it sees as worthwhile and deserving." Both associates feel the time spent on pro bono files gives them a rewarding experience. But it can be difficult as well. In Africa, Clacken assisted nine women document the sexual abuses they had endured, in an effort to preserve the evidence with hopes of using it in a future proceeding. "I think the most remarkable thing, aside from it being very emotionally difficult for all in- volved with the women and for us, it was really inspiring to see how resilient the women them- selves were, and the impact that the work actually had on them," says Clacken. "I guess as lawyers we don't always appreciate the therapeutic role we can play in these kinds of contexts." She says even being there to listen to the stories had a great impact on the women involved, and they were welcomed with open arms. She described how the leader of the organization they worked with said the wom- en were being transformed by the experience. "It was very touching to hear Blakes in the first place was that I saw it as reflecting my own val- ues — which is, on the one hand you want to do excellent work, but on the other hand there is a sense of responsibility to the community and a sense of social conscience," she says. her words, because although you know how important it is to get the work done and to try to work towards justice, you don't always appreciate the immediate impact it can have on the people you're trying to help." The Blakes team to Africa was Clacken explains that having a formal policy in place helped marry those two concepts. She's able to provide high-quality liti- gation work and at the same time fulfill what she feels is a critical part of any lawyers life — assist- ing others in need who might not otherwise receive it. "I think it's a duty as a human being, and secondly as a lawyer — people who have means, and have the training, and have the opportunity — to basically com- mit at least some of their energies towards making the world a more just place," she tells Law Times. The firm's pro bono commit- tee actively seeks out opportuni- ties, giving associates more ways of giving back. Glover says she's seen an increase in the number of lawyers involved in pro bono work in her firm over her past six years of being there. In her time at Blakes, she says that "at least in my experience, there The Law of Banking and Payment in Canada Bradley Crawford 9/24/08 1:31:23 PM The successor to Payment, Clearing and Settlement in Canada, this new looseleaf service offers an updated and expanded commentary and review of banking law in Canada. canadalawbook.ca www.lawtimesnews.com CRAWFORD_Law of Banking_LT 1-8x5.indd 1 9/24/08 1:30:56 PM led by litigation partner Connie Reeve. Calgary litigation associ- ate Melanie Gaston was also part of the initiative with Clacken. Being involved in work clos- er to home can be just as ful- filling. "Every time you go, you realize how lucky you are," says Glover, referring to involvement with small claims court. "It's always nice to kind of get that grounded feeling again; you're really helping people who have real issues." Meanwhile, the pro bono committee of the Canadian Bar Association encourages lawyers to provide at least 50 hours of pro bono work each year. CBA was unable to provide any statistics on the levels of pro bono work being done by law- yers across the country, but they do encourage participation and have initiatives aimed at increas- ing involvement, such as the mentorship program launched last month. The LT

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